McNally v. OPSEU Pension Trust, 2009 HRTO 2112

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Theresa McNally

Applicant

-and-

OPSEU Pension Trust, Sandra Cober and Jessica Chow

Respondents

RECONSIDERATION DECISION

Adjudicator: Judith Hinchman

Date: December 7, 2009

Citation: 2009 HRTO 2112

Indexed as: McNally v. OPSEU Pension Trust

1This is an Application filed April 23, 2009 under section 53(5) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The underlying human rights Complaint was filed with the Ontario Human Rights Commission on October 6, 2006 and abandoned upon filing this Application with the Tribunal.

2Following the respondents’ Request to dismiss the Application under section 45.1 of the Code as a matter that has been appropriately dealt with in another proceeding (the “Request”). By Interim Decision 2009 HRTO 1942 (unreported) dated November 16, 2009, the Tribunal dismissed this Application based on written submissions from the parties. An opportunity to make oral submissions was not offered to the parties.

3Rule 21.2 of the Rules of Procedure for Transitional Applications (the “Transitional Rules”), however, provides that the parties will have the opportunity to make oral submissions before the Tribunal dismisses an application under Code section 45.1.

4Pursuant to Transitional Rule 25.9, the Tribunal may reconsider a decision on its own initiative where it considers it advisable and appropriate to do so.

5The Interim Decision dismissing this Application is withdrawn and a date has been scheduled to hear oral submissions on respondents’ Request. A new adjudicator has been assigned.